Renewal of charter — Voluntary closure

Tenn. Code Ann. § 49-13-121, under Tennessee Public Charter Schools Act of 2002.

Tenn. Code Ann. § 49-13-121

(a) (1) Each authorizer shall adopt a public charter school renewal policy that outlines the performance standards and procedures that will be used for approval or denial for public charter school renewal in accordance with this section. The performance standards must be aligned to the authorizer's school performance framework required under § 49-13-143. Authorizers shall annually notify each of their authorized public charter schools of whether the public charter school is “on-track” or “off-track” for renewal and publish the status of each public charter school in the annual authorizing report required under § 49-13-120(b).(2) No later than April 1 of the year prior to the year in which the charter expires, the governing body of a public charter school seeking renewal shall submit a renewal application to the local board of education, if the local board of education is the authorizer, or to the commission or the local board of education, if the commission is the authorizer, on the standardized application form developed by the state board of education in consultation with the commission. The authorizer shall report each renewal application received by the authorizer to the commission no later than ten (10) days from the date on which the authorizer received the renewal application.

(1) Each authorizer shall adopt a public charter school renewal policy that outlines the performance standards and procedures that will be used for approval or denial for public charter school renewal in accordance with this section. The performance standards must be aligned to the authorizer's school performance framework required under § 49-13-143. Authorizers shall annually notify each of their authorized public charter schools of whether the public charter school is “on-track” or “off-track” for renewal and publish the status of each public charter school in the annual authorizing report required under § 49-13-120(b).

(2) No later than April 1 of the year prior to the year in which the charter expires, the governing body of a public charter school seeking renewal shall submit a renewal application to the local board of education, if the local board of education is the authorizer, or to the commission or the local board of education, if the commission is the authorizer, on the standardized application form developed by the state board of education in consultation with the commission. The authorizer shall report each renewal application received by the authorizer to the commission no later than ten (10) days from the date on which the authorizer received the renewal application.

(b) A public charter school renewal application must contain a report of the public charter school's operations, including students' standardized test scores, financial statements, and audits for the eight (8) years immediately preceding the date of the renewal application.

(c) Three (3) months prior to the date on which a public charter school is required to submit a renewal application, the authorizer shall submit to the public charter school a performance report that reflects the renewal evaluation.

(d) On or before the February 1 of the year in which the charter expires, the authorizer to which the renewal application was submitted shall rule by resolution to approve or deny the public charter school's renewal application. The authorizer shall consider the renewal application, the annual authorizing report required under § 49-13-120, and the renewal performance report required under subsection (b) when deciding whether to approve or deny the public charter school's renewal application.

(e) (1) If a public charter school has met or exceeded standards on at least seventy-five percent (75%) of the indicators in each section of the school performance framework, adopted pursuant to § 49-13-143, in each of the three (3) immediately preceding school years; has attained a school composite level of “above expectations” or “significantly above expectations” as represented by the Tennessee Value-Added Assessment System (TVAAS) developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state board of education pursuant to chapter 1, part 3 of this title, in each of the three (3) immediately preceding schools years; and has had no significant audit findings during the term of the current charter agreement, then the public charter school is deemed as a high-performing public charter school.(2) Notwithstanding this section to the contrary, an authorizer that receives a high-performing public charter school renewal application, developed by the state board, from a high-performing public charter school pursuant to this section shall automatically approve the high-performing public charter school for renewal.(3) No later than ten (10) days after an authorizer approves a high-performing public charter school for renewal, the authorizer shall report the approval to the department of education and commission and include in the report that the approval is pursuant to this subsection (e).

(1) If a public charter school has met or exceeded standards on at least seventy-five percent (75%) of the indicators in each section of the school performance framework, adopted pursuant to § 49-13-143, in each of the three (3) immediately preceding school years; has attained a school composite level of “above expectations” or “significantly above expectations” as represented by the Tennessee Value-Added Assessment System (TVAAS) developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state board of education pursuant to chapter 1, part 3 of this title, in each of the three (3) immediately preceding schools years; and has had no significant audit findings during the term of the current charter agreement, then the public charter school is deemed as a high-performing public charter school.

(2) Notwithstanding this section to the contrary, an authorizer that receives a high-performing public charter school renewal application, developed by the state board, from a high-performing public charter school pursuant to this section shall automatically approve the high-performing public charter school for renewal.

(3) No later than ten (10) days after an authorizer approves a high-performing public charter school for renewal, the authorizer shall report the approval to the department of education and commission and include in the report that the approval is pursuant to this subsection (e).

(f) Beginning on January 1, 2021:(1) A local board of education's decision to deny a renewal application may be appealed by the governing body to the commission no later than ten (10) days after the date of the local board of education's decision;(2) If the commission finds that the local board of education's decision to deny renewal of a charter agreement is contrary to the best interest of the students, LEA, or community, then the commission shall approve the renewal application and the commission shall become the authorizer. A decision by the commission to deny the renewal charter agreement is final and is not subject to appeal; and(3) Notwithstanding subsection (g), the first sentence of § 49-13-110(b), and § 49-13-110(c), if the commission approves the renewal of a charter agreement on appeal from a local board of education, then the public charter school and the commission shall enter into a renewed charter agreement in accordance with § 49-13-110(a) for a term of no less than five (5) academic years, but no more than ten (10) academic years, as determined by resolution of the commission.

(1) A local board of education's decision to deny a renewal application may be appealed by the governing body to the commission no later than ten (10) days after the date of the local board of education's decision;

(2) If the commission finds that the local board of education's decision to deny renewal of a charter agreement is contrary to the best interest of the students, LEA, or community, then the commission shall approve the renewal application and the commission shall become the authorizer. A decision by the commission to deny the renewal charter agreement is final and is not subject to appeal; and

(3) Notwithstanding subsection (g), the first sentence of § 49-13-110(b), and § 49-13-110(c), if the commission approves the renewal of a charter agreement on appeal from a local board of education, then the public charter school and the commission shall enter into a renewed charter agreement in accordance with § 49-13-110(a) for a term of no less than five (5) academic years, but no more than ten (10) academic years, as determined by resolution of the commission.

(g) If a public charter school renewal application is approved, then the term of the renewed charter agreement shall be for ten (10) academic years.

(h) A decision to deny renewal of a charter agreement becomes effective at the close of the school year.

(i) No later than ten (10) days after an authorizer adopts a resolution to renew or deny renewal of a charter agreement, the authorizer shall report the authorizer's decision to the department of education and commission and shall provide a copy of the resolution that sets forth the authorizer's decision and the reasons for the decision.

(j) If a public charter school voluntarily closes, then the public charter school's agreement with the authorizer ceases to be effective as of the public charter school's closing date.

(k) The authorizer shall conduct an interim review of a public charter school in the fifth year of a public charter school's initial period of operation and in the fifth year following any renewal of a charter agreement under guidelines developed by the state board of education. The guidelines must require a public charter school to submit a report to the authorizer on the progress of the public charter school in achieving its goals and objectives, including student performance and other terms of the approved charter agreement.

(l) Notwithstanding subsection (g), the first sentence of § 49-13-110(b), and § 49-13-110(c), if the commission approves the renewal of a charter agreement in accordance with § 49-1-614(k)(2)(B) or § 49-1-614(k)(4), then the public charter school and the commission shall enter into a renewed charter agreement in accordance with § 49-13-110(a) for a term of no less than five (5) academic years, but no more than ten (10) academic years, as determined by resolution of the commission.